"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Sunday, July 12, 2009

Recent Judgments

Breach of contract of an agreement for sale would not attract Sections 406 or 420 of the Indian Penal Code

Dalip Kaur v. Jagnar Singh CRIMINAL APPEAL NO. 1135 of 2009. Date of Judgment 07.07.09

If the dispute between the parties was essentially a civil dispute resulting from a breach of contract on the part of the appellants by non-refunding the amount of advance the same would not constitute an offence of cheating.

Another appointment of Addl. Judge to HC under Challenge

Mahesh Chandra Gupta v. Union of India. TRANSFERRED CASE (C) NO. 6 OF 2009. Date of Judgment 06.07.09

SC found the appointment of the Additional Judge of Allahabad High Court under challenge not an infraction of Article 217(2) and Article 217(1) of the Constitution of India.

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